H.
B.
4486
(By Delegates Frederick, Collins, Ryan,
Walters and Talbott)
[Introduced February 16, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to creating a crime for trespassing on railroad tracks; and limiting the liability of a railroad company.
Be it enacted by the Legislature of West Virginia:
That article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:
ARTICLE 3B. TRESPASS.
§
61
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3B
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5. Trespassing on railroad track.
For purposes of this section, track means the rail, ties and ballast of the railroad.
Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross, without the consent of the railroad company or person operating such road, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined up to two hundred dollars. Any person convicted of a second offense hereunder within two years of the first conviction shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined up to four hundred dollars. Any person convicted of a third or subsequent offense hereunder within two years of a second or subsequent conviction shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined up to six hundred dollars or imprisoned in the county or regional jail not longer than five days or both fined and imprisoned.
This section shall not apply to any section of track which has been legally abandoned by order of a federal or state agency having jurisdiction over the track and which is not being used for railroad services.
No cause of action shall arise for injuries to any person who goes upon the track of a railroad, other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross such track, without the consent of the railroad company, its agents or employees, unless the injuries were caused by the gross negligence or willful and wanton misconduct of the railroad company, its lessee, agents or employees.
NOTE: The purpose of this bill is to create a crime for trespassing on railroad tracks. The bill also has a provision limiting the liability of railroads for injuries that occur when someone violates the statute.
This section is new; therefore, strike-throughs and underscoring have been omitted.
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